contrôle sur le fond

English translation: review (of the case) on the merits (of orig. trial issue)

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So, in this document I found an expression, "unlimited judicial review," which I THINK might be the equivalent of "contrôle sur le fond." They also mention "conclusive effect" but I think that would be the opposite of "unlimited judicial review."

I'm hoping a legal expert out there can confirm this or provide the correct translation if I am wrong. I'll be very grateful for any and all help! Thanks.

Explanation:The judge will not move to automatic enforcement of a foreign judgment (exequatur) but will inquire/enquire into the original trial or substantive issue ('le fond'/ nthg to do with a source of law) underpinning the decision.

Answers

verifying the source of law invoked in a judicial decision, providing strict oversight of judges

Explanation:Very difficult question. Certainly the concept of unlimited judicial review, as something to be avoided, could be implied by the term.

Does the "fond" in this French expression "contrôle sur le fond" refer to the "source of law"? i.e. In a court of appeal, "a check on which source of law was used" could be at issue, in reviewing a sentence passed by a judge in a lower court, or in overseeing a settlement provided by an arbitrator, e.g. the appeal's court might ask, 'was it common law, equity, or procedural justice, that was being used as the basis for the decision rendered?' In your passage, whether it is the "common will" or "customary international practice" seems to be the issue; and in some cases, Holleaux seems to have argued, there could be multiple sources of law, affecting a judicial outcome.

I'm also tempted to experiment with such expressions as "sentence oversight", or a "guard against the miscarriage of justice", "a check on inequitable outcomes", or some such paraphrastic rendition of the French.

For example of the use of the phrase you are translating, in the French, I recommend the entirety of the linked document, entitled,

Explanation:A foreign judgement needs "exequatur" from a French judge to be enforceable in France.
In this case the judge should not check the facts that were judged but only rely on the foreign judgement. Otherwise he would redo the trial.

Explanation:The judge will not move to automatic enforcement of a foreign judgment (exequatur) but will inquire/enquire into the original trial or substantive issue ('le fond'/ nthg to do with a source of law) underpinning the decision.

If it is based on tenuous grounds, the judge might refuse to enforce.

Example sentence(s):

The government often files such briefs once the Court has decided to *review a case on the merits*. It is much less common for the Solicitor General to file ...